This apple ordered to compensate Brazilian consumer R$5,000 compensation for the sale iPhone without charger.
In addition to compensation, it was determined that the company must provide a charger suitable for the model of the originally reported phone device within 10 days counting from the subpoena.
The decision was handed down by Judge Vanderlei Caires Pinheiro of the 6th Special Civil Court (GO) of Goiânia on April 18. The company told G1 it would not comment on the lawsuit.
The judge considers that the sentence is a tethering sale (when the consumer can only buy a product if he buys another) because it is not possible to use any USB port in the charger.
It also claims that the commercial practice is abusive and illegal and violates the Consumer Defense Act.
“As for the charging adapter, however, it remains undisputed in the records that the aforementioned charging head of the mobile phone has a different design called USB-C and therefore no USB input can be used.” . . .
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“Ass [Apple] It focuses on the practice of tying by concealment, because it indirectly and indirectly compels the consumer to purchase a secondary product of his own private manufacture, without which the main product is not fit for its intended purpose,” he says. judge in sentence.
The company stopped including the plug adapter in all its phones in October 2020, saying the decision was part of its “environmental goals” after announcing the new iPhone 12.
At that time, the decision even made memes on social media. The allegation, however, is disputed by the judge in his sentence:
“It is inappropriate for such a measure to seek to reduce environmental impacts, because in all evidence the defendant continues to manufacture such an important accessory, but now sells it separately”.
Fines and notifications
In March 2021, Procon-SP fined Apple 10.5 million BRL for the malicious practice while selling iPhones without a charger.
In September and October of last year, Procon-SP briefed Apple on the launch of new mobile phones that are sold without a charger in the box.
The consumer protection agency claimed it wanted to know why companies didn’t include the charger in the package, and what the cost of the accessory would be when sold separately.
The government says Apple and Samsung aren’t convinced by the environmental argument about the lack of chargers.
In January of this year, Procon Fortaleza reported that it fined Apple R$10,372,500.00 for selling a mobile phone without a charger. The fine came after Procon agents visited stores in the city center and malls in the capital in August last year and found the application.
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Source: Exame
